Miami DUI Attorney Blog

Gabriel Delrisco was arrested for driving under the influence on December 18, 2001, after spending the evening at an area strip club. Two Pinecrest police officers were called to the Stir Crazy nightclub just after 4:00 a.m. that morning, after Delrisco and a friend refused to leave. The management thought they were causing trouble and requested that the police intervene.

The officers advised him to leave and "tried to give him a break and told him not to drive,'' said officer Mark Moretti, who is now with the Miramar Police Department. Instead, they officers spotted Delrisco a mere 14 minutes later after their advice - and he was behind the wheel of a car. Officer Moretti pulled over Delrisco on suspicion of DUI/DWI at the corner of 81st Avenue and 136th Street Southwest. Delrisco was intoxicated; in fact, his blood alcohol concentration was more than twice the level at which Florida law presumes a suspect is too intoxicated to operate a motor vehicle.

Delrisco's second child, a daughter, was born two days after the incident, but he continued to rack up traffic citations, eventually totaling 26. In January of this year, he was arrested following a tragic car accident that has enraged the public with regard to repeat DUI offenders. Delrisco was involved in a car wreck that killed three children, all from the same children. Now, with Delrisco behind bars, his former wife has been forced to move out of state with the couple's own children after facing eviction, in part because Delrisco can no longer contribute child support. Additionally, his ex-wife has continued battling cancer after been in ill health from the disease for years. She says his arrest has been very difficult for her and the children and she has tremendous sympathy for the family whose children were killed in the accident. ''My kids are alive and they are dead. He will be able to walk out of prison one day but they had no chance. They're gone," she said.

If you have been arrested for UI/FloridaDUIPenalties.aspx">DUI Manslaughter, contact the drunk driving lawyers at Musca Law as soon as possible to discuss your legal rights.

The original reports are available here and here.

In January 2009, Gabriel Delrisco was driving in Miami-Dade County early in the morning after a night out. At the same time, the Serrano family was driving to Dadeland Station to drop off Mirian so that she could travel to work. Mirian and Hector Serrano had their three children with them in the vehicle so they would not be left home alone when Hector dropped off Mirian at about 5:00 in the morning to make her early morning shift at the hospital.

After leaving Mirian at the station, Hector headed back toward home with the children in tow. The two girls, Esmeralda and Amber, slept in the back seat while their brother, Hector Jr., was in the passenger's seat next to his father. The vehicle was stopped at an intersection when Delrisco allegedly drove drunkenly into the back of the Serranos' car. He did not break and is estimated to have been traveling at about sixty miles per hour. Injured, Hector jumped from the vehicle, screaming that his two daughters were dead in the backseat. All three children were pronounced dead at the scene of the accident. Investigators determined that Delrisco had been driving under the influence (DUI/DWI) at the time.

Mirian and Hector Serrano are angered that Delrisco was driving at all. Delrisco had a valid drivers license when the accident occurred, a detail that is not lost on the couple. He had a lengthy driving record, overflowing with 26 prior driving problems, including one DUI in 2001. He also had numerous speeding tickets, all showing that he was driving in excess of 15 miles per hour over the posted speed limit. Delrisco had also previously caused a hit-and-run accident and been caught driving the wrong way down a one-way street. He had also been cited for failure to stop at stop signs and red lights. Despite all of the citations, Delrisco's license was valid. The extremely full Miami-Dade traffic court had allowed him numerous breaks, withholding adjudication some citations and dismissing others. Now, Delrisco is being held without bond as he awaits a trial scheduled for September. He faces three counts of DUI Manslaughter, which carries a maximum penalty of 15 years in prison for each count.

More information is available here.

The ex-Yankees star Jim Leyritz, 45, is facing a DUI Manslaughter charge, scheduled for trial on September 14. Leyritz was involved in a car accident in the early hours of the morning on a dark December day in 2007. He allegedly ran a red light and his blood alcohol concentration exceeded the 0.08 percent. Fredia Ann Veitch, who was 30 years old at the time of the accident, was in the car that collided with the one Leyritz was driving. Veitch was driving home from her shift at a local restaurant. Complicating the case significantly is the fact that Veitch was also driving under the influence of alcohol. She was killed as a result of the accident. Witnesses stated that Leyritz was the driver who ran the stop light, although Veitch's BAC was higher than Leyritz's. Now, Leyritz is haunted. He wants to return to his days as a popular former ball player, but not believes he is perceived wrongly. He insists that he did not cause the accident. Leyritz has sold off expensive baseball-related items to cover his expenses and has told reporters that he cries thinking of the accident. He is sorry that Veitch's death occurred, but not remorseful because he believes he was not at fault. Leyritz also says he is not now- and has never been - an alcoholic. Still, he has been pushed out of the charity work he used to enjoy and even hounded by news reporters when attending church. "There was no possibility of me avoiding that crash with all of my senses. A mother was taken away from her kids. I can't change that. But I didn't do it. The accident did. And that accident wasn't my fault," Leyritz insisted. Most of all, he said, he wants to be cleared and to move forward with his life.Contact the Musca Law Miami DUI attorneys as soon as possible following a DUI arrest.

Around the country, stories involving driving under the influence/driving while intoxicated often make it into the news, even thousands of miles from where the events occurred. Unfortunately, a story from Chicago has made national headlines after a police officer's bail was set at $2 million this week. Law enforcement officials familiar with the case believe that Richard Bolling was driving while under the influence of alcohol early on Saturday morning, traveling the wrong way down a one way street in the Windy City. Bolling has been charged with DUI, reckless homicide, and leaving the scene of an accident after he allegedly hit a young teenager who was riding a bike. Trenton Booker, who was 13 years old, was riding down the one way street in his South Side neighborhood at about 1:30 in the morning after he snuck out of the house sometime after he went to bed. Booker was struck and died at the scene. Bolling allegedly failed to call authorities. He remains in jail in lieu of the $2 million bond and has been relieved of his law enforcement duties; the Chicago Police Department is also investigating the accident as a personnel matter.

In news from the Northeast, the actor Rip Torn has been allowed to complete an alcohol education class rather than face jail after a DUI arrest in December. He pleaded not guilty to the charge earlier this year. Torn, who is 78, is known for his roles in \ television shows, including "30 Rock" and movies such as "Men in Black." He resides in Salisbury, Connecticut, and this is his first DUI offense in the state. He has, however, been arrested for DUI on two prior occasions in New York. Torn's driving privileges have been not been revoked by the state.

The original reports are available here and here.

A woman in Cape Coral, Florida was arrested recently for driving under the influence. After police pulled over the vehicle she was driving, they discovered the presence of a three-week-old infant in the car. The woman, Malissa MacQuillan, 27, was stopped after a police officer saw her driving and became suspicious.

The law enforcement officer who conducted the traffic stop asked MacQuillan to perform a roadside field sobriety test. After her unsatisfactory performance, the officer placed MacQuillan under arrest. According to the law enforcement breathalyzer device, MacQuillan's breath alcohol concentration was almost 0.17, over twice the level at which a driver is presumed to be impaired for purposes of Florida DUI/DWI laws. MacQuillan was taken into custody but later released.

Prosecutors have charged MacQuillan with driving under the influence and cruelty toward a child. Police notified the Florida Department of Children and Families about the incident following MacQuillan's arrest. The baby is now in the care of a relative, a fairly common practice. When the parent of a young child is arrested for a crime, the DCF frequently makes an inquiry into the fitness of the parent and the home more generally. This is particularly true if the crime in any way endangered a child. Driving under the influence of alcohol with a minor present in the vehicle is just a single example of the type of charge that could result in the temporary or even permanent placement of a child into the custody of another caretaker, such as a family member or foster home. Other crimes that could trigger a DCF investigation include selling or manufacturing a controlled substance, violent crimes, sex crimes, and any criminal activity that occurs in the home or in the child's presence. Additionally, using illegal drugs in the home can result in the intervention of DCF.

A crime report is available here.

Under Florida law, the penalty for a driving under the influence conviction can be enhanced for certain reasons. These reasons, which can result in harsher sentencing for those convicted of DUI/DWI, are known as aggravating factors. First, if the driver had a very high blood alcohol concentration, which grossly exceeds the 0.08 percent concentration at which state law presumes a driver is impaired, the judge can and likely will impose a tougher sentence. The second factor that can result in a more severe sentence is having a child under the age of 18 years of age in the vehicle at the time the DUI occurred. Police, prosecutors, and judges tend to take the presence of a minor seriously, because the driver is endangering the welfare of a child. Additionally, the driver of the vehicle is setting an example of poor adult behavior by drinking and driving in front of a young and impressionable person.

DUI is also an enhanceable crime under Florida law. An enhanceable charge is one for which the penalty worsens each additional time a person is convicted of the charge. For example, a driver who is convicted of misdemeanor driving under the influence one time will typically receive a much lighter sentence than a driver facing his third or fourth conviction for the same offense. Third-time DUIs are frequently, and fourth-time DUIs are generally always, charged as felonies in accordance with state law. The enhanceable DUI/DWI scheme in Florida is similar to those used in other states. Incidentally, the earlier DUI convictions need not have occurred in Florida: even out-of-state DUI convictions will count toward the total necessary to enhance the offense. For subsequent DUI convictions, longer terms in jail, higher fines, and longer periods of driver's license suspension - or even permanent driver's license revocation - can result. The fourth time a driver is convicted of DUI, his license is usually permanently revoked by the Florida Department of Highway Safety and Motor Vehicles.

Miami drivers cope with crashes every day on I-95, the Palmetto Parkway, the Dolphin Expressway, and virtually all other major thoroughfares through the city - especially those roads that link the suburbs to downtown Miami for commuting professionals. Still, despite these inconveniences, they do not often hear about driving under the influence arrests that are beyond the ordinary. These headlines sometimes make national news for their oddness.



In Bismarck, North Dakota, law enforcement officers apprehended a man for DUI. They located the man when he crashed his truck into the emergency room of a Bismarck hospital. Unfortunately for the driver, his woes did not end with his poor choice of location for a car accident. The driver, Nicolas Krush, 47, was naked when he was placed under arrest by police. Initial reports indicated that Krush may have actually been in search of medical treatment: police received a call about a man headed to Bismarck for treatment for a prescription drug overdose. Hospital officials said that the truck's collision with the hospital building caused in excess of $100,000 in damage to the facility.

On a more local note, Marion County law enforcement officials have arrested a man on suspicion of driving under the influence/driving while intoxicated. According to police, Howard D. Reece, who is a 21-year-old resident of Ocala, was driving a whopping 82 miles per hour in a 30 mile per hour zone when police spotted him after 11 p.m. on May 5. A deputy attempted to pull over Reece, who sped away. The red-and-white Chevy climbed to speeds topping 100 miles per hour during the chase that ensued, failing to obey traffic signals until he jumped out of the car at a dead end. Reece ran from deputies, who quickly apprehended him. Reece's blood alcohol concentration was in excess of the 0.08 percent level at which the law presumes a driver's intoxication. Additionally, there were warrants out for his arrest for burglary and grand theft.

Original reports are available here and here.

Unfortunately, DUI arrests and convictions affect many people who are not habitual criminals. According to the DUI lawyers at Musca Law, a significant number of clients who have been arrested for driving under the influence have no prior arrests. The reasons for their current situation vary significantly and may include: a law enforcement error, a struggle with substance abuse, or even just a one-time mistake. These are not the only reasons.

These clients are often very concerned about the effect an arrest or conviction for DUI will have on their employment. In some cases, the defendant could lose his job entirely. This is particularly true if the position involves any driving during the company's business hours or as a function of employment and the reasons a business might have for this policy are understandable. For example, a florist would probably not be inclined to retain a delivery driver with a recent DUI conviction - the cost of insurance would go up and the company's potential liability could be perceived as increasing.

In other instances, however, Florida employers are happy to retain their workers, so long as the DUI does not significantly impact employment. For example, an elementary school principal in Osceola County will retain his position despite a recent DUI. David Groover, who is the principal of Partin Settlement Elementary, was recently arrested for DUI after he was pulled over for speeding. The law enforcement officer reportedly noticed the scent of alcohol, bloodshot eyes, and other characteristics police are trained to look for in potentially intoxicated suspects. Groover was driving 73 miles per hour in a 55 mile per hour zone when he was pulled over before dawn, at about 4:00 a.m., on March 22. At this point, his driver's license has been suspended for a full year.

If you have been arrested for DUI in the Miami area, contact the DUI lawyers at Musca Law.